HomeMy WebLinkAbout2007.08.06 RESO 2007-0035RESOLUTION 2007-35
APPROVING A VARIANCE FROM THE ROAD FRONTAGE REQUIREMENTS
FOR JOSEPH AND MARCIA WOLKERSTORFER FOR PROPERTIES
LOCATED AT 16730 JEFFREY AVENUE NORTH
WHEREAS, an application has been filed by Joseph and Marcia Wolkerstorfer that
requests approval of a variance from the required road frontage requirments for properties
located 16730 Jeffrey Avenue North
WHEREAS, the requested variance is from the 300 feet of road frontage requirement.
(See Attached)
WHEREAS, the City Council has fully considered the request for the variance.
WHEREAS, the Planning Commission considered this request at a public hearing and
recommend approval of the variances.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
variance for Joseph and Marcia Wolkerstorfer, subject to the following conditions:
1. A variance from the 300 feet of road frontage requirement is approved in
accordance with the following findings:
a) The requested variance is permissible by law.
b) The 10 acre parcel is proposed to be land locked. There is a way that the property
owner could meet the required road frontage by shaping the lot differently, but the
location of the current house limits what the applicant could do to make the 10
acre parcel meet the requirement. If the lot was proposed to have 300 feet of road
frontage the area of which it would have frontage would be a wetland complex.
The applicant does not want to disturb the wetlands by being required to construct
a driveway there to access the property. Therefore the applicant is requesting a
variance for the frontage requirement and is proposing to have a shared driveway
to access the property. Staff is comfortable with the way that the lots are proposed
and feels it makes a better situation than the current layout.
c) The spirit and intent of the ordinance is for lots to have 300 feet of road frontage
to allow access on to a main road. The property in question is proposed to be a
land locked parcel and is proposed to have a shared driveway that will lead to
Jeffrey Avenue to access the property. The parcel will have access to a main road
and will meet the spirit and intent of the ordinance.
Resolution 2007-35
Page 2
d) The property could be put into reasonable use without the granting of the variance.
The applicant would simply like to make the 25 acre parcel into a 10 acre parcel
and a 15 acre parcel with the property line adjustment. The 10 acre parcel would
be land locked and the applicant is proposing a shared driveway. The applicant is
limited on how the lots can be shaped due to the current house on site and the
wetlands on the property. The applicant is proposing the configuration of the lots
in a way that reduces the impact on the wetlands and creates a buildable site for
the 10 acre lot.
e) The character of the area would not be altered as a result of the approval of the
variance.
f) The construction of a single family home is a permitted use in the Agricultural
zoning district.
g) The variance will not permit a lower degree of flood protection than required by
ordinance
h) The subject properties will be served by an on-site septic system and private well,
and will be required to be in compliance with city and state codes.
ADOPTED by the City Council on the 6th of August,
�Sh,Mayor
ATTEST:
Mary��treager, City Cl